S T A T E O F N E W Y O R K
________________________________________________________________________
3880
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to subpoena
duces tecum
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 610.20 of the criminal procedure
law is amended to read as follows:
3. An attorney for a defendant in a criminal action or proceeding, as
an officer of a criminal court, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court of any witness
whom the defendant is entitled to call in such action or proceeding. An
attorney for a defendant may not issue a subpoena duces tecum of the
court directed to any department, bureau or agency of the state or of a
political subdivision thereof, or to any officer or representative ther-
eof. Such a subpoena duces tecum may be issued in behalf of a defendant
upon order of a court pursuant to the rules applicable to civil cases as
provided in section twenty-three hundred seven of the civil practice law
and rules. NOTHING IN THIS ARTICLE OR IN ARTICLE TWO HUNDRED FORTY OF
THIS CHAPTER PRECLUDES ISSUANCE OF A COURT-ORDERED SUBPOENA DUCES TECUM
FOR POLICE REPORTS OR RECORDS OR LAW ENFORCEMENT AGENCY REPORTS OR
RECORDS CONTAINING NON-PRIVILEGED INFORMATION RELEVANT TO THE CRIMINAL
ACTION OR PROCEEDING.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03820-01-7